Terms of Service

This website is operated by BHATIA LABS INC, a C-Corp, registered in the Delaware, USA (“Company“).

This page contains important information about your legal rights and obligations when using any of the websites and services belonging to the Company. The following is a collection of the generally-applicable terms of use across our website and services, whilst specific provisions are included in the terms of use of the relevant Company’s service and may be accessed via the links provided below:

Asset Marketplace TOS

Champs Marketplace TOS

Before accessing and using any of the Company’s website (“Website“) or services (“Services“), you must read the specific terms of use applicable to the access, browsing and use by the users (“User” or “Users“, as applicable) of the relevant Website/Service (displayed above), as accessing and using any of the Websites or Services implies that you have read and accept to be bound by the terms of use of the relevant Website or Service. We also recommend regularly checking the applicable terms of use as the Company reserves the right to modify these at any time (the date at the beginning of these terms refers to the latest update of these terms, which will be applicable from the date of publication).

If you have any objections regarding the terms of use of the Websites or Services, please refrain from using these.

Should any conflict arise between the content of the terms as they are laid out below and the content of the specific terms of use of each Website or Service (displayed above), the specific terms of use of each Website or Service shall always prevail.

In respect of collection and processing of personal data, the Privacy policy will apply.

Registration

In order to use certain Services, the User must register, create a username and password and activate an account. To this end, the User must provide a valid email address where the User will receive notifications related to the Services. If the User is a legal entity or business, its username must be its full name or corporate name and the person registering on behalf of the legal entity or business declares that he/she is duly authorized to bind such legal entity or business and that such legal entity or business shall be bound to the terms of the relevant Website/Service.

The User agrees to provide the mandatory information required for registration and also acknowledges that such information is true, complete and up to date. The User is solely responsible for keeping such information updated. Should the User provide false, outdated or incomplete information, or should the Company have reasons to suspect it, the Company reserves the right to suspend or cancel the User’s account.

The User must protect and keep the account password confidential and must not disclose it to third parties. The User must neither allow other Users to access the Services through the User’s account nor use the account of another User to access the Services.

The User is responsible for all operations carried out through the User’s account through any device. If the User suspects that another User is using his account, he/she/it should immediately inform the Company.

The Company may suspend or cancel the User’s account if it considers that the User has breached these terms.

Liability

The User acknowledges and agrees that he/she/it uses the Website and its Services at the User’s own risk and under the User’s responsibility and, therefore, the Company does not accept any responsibility for misuse or use in breach of the terms of the relevant Web Site/Service.

The User will be responsible for any damages to the Company resulting from the User’s use of the Website and the Services in breach of the terms and accepts to indemnify the Company and its directors, employees, agents and representatives from any liability in which they may incur as a result of the User’s breach of these terms.

The Company does not warrant the availability or continuity of the Website or the Services, neither its reliability, quality, completeness, accuracy or whether they are fit for a specific purpose or activity.

As way of example and without limitation, the Company shall not be liable for any damages that may result from:

Interruptions, viruses, technical problems, interferences, omissions, unavailability, power cuts, failure of the telecommunication networks or the User’s equipment which are not the Company’s responsibility.
Delays or unavailability of the Website and the Services due to deficiencies or traffic overload on the Internet, in the communication network or the electricity grid.
Third-party actions.
Unavailability of the Website and the Services due to maintenance or software updates.
Any other event beyond the Company’s direct control.

SAVE FOR THE COMPANY’S WILFUL MISCONDUCT, AND THOSE CASES IN WHICH DUE TO THE SPECIFIC CIRCUMSTANCES OF THE USER INVOLVED OR THE NATURE OF THE MATTER, APPLICABLE LAW PROVIDES THAT LIABILITY CANNOT BE LIMITED BY AGREEMENT, USE OF THE WEBSITE AND THE SERVICES IS AT SOLE RISK OF THE USER AND THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE OF ANY KIND CAUSED TO THE USER AS A RESULT OF USING THE WEBSITE AND/OR THE SERVICES.

Regarding contents owned by third parties, whether sponsored or otherwise (if any), the Company acts exclusively as a provider of a search service as requested by the User, without assuming any responsibility for search results.

The insertion of links in the Services does not imply any relationship, recommendation, or supervision by the Company of the linked website and, accordingly, the Company does not accept any liability in relation to the content of any linked website except in the specific circumstances provided by applicable law.

Regarding content owned by third parties and offered through the Websites and/or Services in collaboration with the Company (if any), the Company acts exclusively as the provider of the intermediation service between the third parties’ offer of content and the Users interested in downloading them, without any liability in relation to such contents, except for those cases expressly stated by the applicable law.

The Company will make reasonable commercial efforts in order to ensure the accuracy of keywords and descriptions, as well as the identification of content as exclusively for editorial use or any equivalent expression. However, THE COMPANY NEITHER WARRANTS NOR MAKES ANY REPRESENTATION REGARDING ANY KEYWORD, TITLE OR DESCRIPTION; OR THE IDENTIFICATION OR LACK OF IDENTIFICATION OF ANY VISUAL CONTENT AS EXCLUSIVELY FOR EDITORIAL USE. For this reason and notwithstanding any other liability limitation that may be applicable in accordance with these terms, the Company shall neither indemnify nor assume any liability in connection with any claim resulting from inaccurate keywords, titles or descriptions, or from the use of the visual content identified as exclusively for editorial use.

Intellectual Property

All intellectual property rights over the Website, the Services, its design, and source code, and all content included in any of them (including without limitation text, images, animations, databases, graphics, logos, trademarks, icons, buttons, pictures, videos, sound recordings, etc.) belong or are licensed to the Company.

Except as expressly authorized under the terms of the relevant Website/Service, the reproduction or distribution, as well as transformation, producing any derivative works of any kind, public communication, making available, extraction, reuse or any other use of the Website, the Services or its content or any of its parts, is strictly forbidden.

Changes and Closure of the Website

The Company may, at any moment, and without incurring in any responsibility towards the User, modify the content of the Website or the Services, limit or modify the conditions or cease to provide some or all the Services and features available or deactivate and delete all or some of the User accounts and their corresponding information. However, the Company will comply with its obligations regarding the keeping of records in relation to certain transactions for the relevant period as provided by applicable law.

General and Contact Information

The use of the Website and the Services and the interpretation and application of these terms shall be governed by Delaware Law. Except for those cases in which the applicable law impose a specific jurisdiction, any dispute in connection with these terms shall be resolved by the Courts of Delaware, and the parties expressly waive any other applicable jurisdiction.

If any provision in these terms is declared to be invalid or unenforceable, it shall be substituted or deemed as not included. The remaining provisions in these terms shall not be affected in any way.

You may contact the Company for any query or claim via this email

DesignOye Asset MarketPlace Terms of use

This website is operated by BHATIA LABS INC, as C-Corp, registered in the Delaware, USA (“Company“).

These terms of use (“Terms“) govern the access, browsing and use by the users (“User” or “Users“, as applicable) of https://designoye.com/, including any of its subdomains and/or sections (“Website“); as well as the services rendered through the Website (“Service” or “Services“, as applicable) which include the download and use of certain content.

Accessing and using the Website implies that the User has read and accepts to be bound by these Terms without exception. In case the User does not accept the Terms or have any objection to any part of the present Terms, the User must not use the Website.

The Company may modify the Terms at any time and thus we recommend that the Terms are reviewed on a regular basis by the User. The date at the beginning of these Terms refers to the latest update of these Terms, which will be applicable from the date of publication.

Some Services provided through the Website may be subject to specific conditions or instructions that must be accepted by the User prior to the provision of the relevant Service. These specific conditions may be imposed by the Company or by third parties. Such specific conditions shall apply in addition to the Terms and, in case of conflict, shall supersede the Terms. Accordingly, the User must read and accept such specific conditions before the provision of the relevant Service.

Likewise, in respect of collection and processing of personal data, the Privacy Policy will apply.

Services Offered

Through the Website, it is offered to the User visual content, like vectors and illustrations, photos and images, PSDs and Photoshop files, vector icons, video contents and recordings (including the corresponding audio) in any format, as well as specific information related to such content.

The Services may offer contents owned by the Company (“DesignOye Own Content“), contents owned by third parties offered through the Website (“Collaborators Content“) as well as third-party content not offered free of charge (“Sponsored Content“). Sponsored Content is duly differentiated and identified on the search results. DesignOye Own Content and Collaborators Content shall be hereinafter referred to collectively as the “DesignOye Content” and can be downloaded through the Website.

Authorized Use

The User is only authorized to use the Website and the Services in accordance with the Terms and in good faith. In particular and without limitation, Users (irrespective of whether they have purchased a Subscription or not) undertake that any access or downloads of any content available in the Website or through the Services will always be the result of a genuine legitimate interest of the User and acknowledges that any method which artificially increases the number of downloads, accesses or clicks over such content is strictly prohibited under these Terms (including, without limitation, the generation of downloads, accesses or clicks over such content through any robots, spiders or any other mechanism, mobile application, program or tool) and will result in the cancellation of the User’s account by the Company and the obligation for the User to indemnify the Company for all damages suffered as a result of the User’s breach of this undertaking, without the right of reimbursement of any of the amounts paid.

The User agrees not to use the Services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the User agrees not to partake in any conduct or action that could damage the image, interests or rights of the Website or third parties.

The User will not interfere with the functioning of the Website or in the Services, in particular, he/she/it will not impersonate another user or person. The User agrees not to carry out any action that may damage, make unavailable, overload, deteriorate or impede the normal use of the Website or the Services, which may impact the security of the Website or the Services, or which may in any way interfere with the Services offered by the Company. The use of robots, spiders or any other mechanism, mobile application, program or tool to access, copy or control any part of the Website or the Services in any way which is contrary to the ordinary use of the Website or which infringes the Company’s interests (without its express prior authorization) is strictly prohibited. Likewise, obtaining or attempting to obtain the contents of the Website using any method or system not expressly authorized by the Company or which is not the ordinary method of accessing the Website is also strictly prohibited.

The User shall be responsible for any costs required for the Services’ use and for ensuring, prior to using the Services, that the Services’ features meet the User’s needs and that he/she/it meets all requirements and has all the equipment and software necessary for this purpose.

The rights granted to the User under these Terms are personal and shall not be assigned to any third party (including affiliates or entities part of the same group of companies) totally or partially, by any mean, without the prior, express and written consent from the Company.

When providing the Services, the Website can publish advertising either related or not to the contents displayed or the Services, which is expressly accepted by the User.

Registration

In order to use certain Services, the User must register, creating a username and password and activating an account. To this end, the User must provide a valid email address where the User will receive notifications related to the Services. If the User is a legal entity or business, its username must be its full name or corporate name and the person registering on behalf of the legal entity or business declares that he/she is duly authorized to bind such legal entity or business and that such legal entity or business shall be bound to these Terms.

The Company may suspend or cancel the User’s account if it considers that the User has breached these Terms.

Content

The Services allow Users to search for content that may result in DesignOye Content and Sponsored Content, according to his or her preferences, and download such DesignOye Content.

If you have any question regarding any content or believe that it infringes any right, that it does not comply with these Terms, or that is inappropriate, you can do so by contacting the Company as indicated in these Terms or following the instructions provided on the Website for a copyright complaint.

4.1. Sponsored Content

Regarding Sponsored Content, the Website’s role is limited to displaying content offered by the sponsored website with which the Company has reached an affiliation agreement or similar. Therefore, the Company will display a link to the sponsored website which offers the Sponsored Content, together with specific related information. In some cases, in order to provide the User a better user experience and facilitate returning to the Services, the link can be presented within a frame corresponding to the Website, which can be removed by the User at any time.

The Company is not the provider of the Sponsored Content and does not present itself as owner of such contents.

The Company does not select, examine, control, guarantee, approve, sponsor or identify itself in any form with the Sponsored Content displayed to the Users according to their preferences. The Sponsored Content are the sole responsibility of the third parties that make them available to the public over their own websites or Internet.

The User will be able to access the corresponding third party sponsored websites and download Sponsored Content under the terms and conditions established by such third parties. The Company shall not be a party or be involved in any way in the relationship between the User and the corresponding third party. The User undertakes to read and comply with the terms and conditions established by such third parties for the download and use of Sponsored Content.

The Company is not a party and does not take part in the relationship between the User and the third party that offers the Sponsored Content, and it is not directly or indirectly responsible for the performance, omissions, errors, negligence or breaches of the Users or such third parties. Any claim from the Users regarding the Sponsored Content must be addressed to the relevant third parties through the linked website.

4.2. DesignOye Own Content

DesignOye Own Contents are offered under the conditions stated from time to time in the Website (including, without limitation, restrictions to the number of downloads per day) and its use is allowed in the terms set out or referred to in these Terms, as applicable.

4.3. Collaborators Content

Collaborators Contents are offered in the terms stated at the relevant time in the Website (including, without limitation, daily download limits), and its use is allowed in the terms set out or referred to in these Terms, as applicable.

When offering Collaborators Content, the Company acts as a mere intermediary between the User that downloads such content and the collaborator, providing the User with the access and subscription to the Collaborators Content.

The Company makes reasonable efforts in guaranteeing the lawfulness and quality of the Collaborators Content. However, the Company cannot monitor or control all Collaborators Content. Therefore, the User acknowledges and agrees that the Company shall not be responsible for evaluating the originality, the non-infringement of third-party rights or the lawfulness of Collaborator Content and that the Company does not guarantee nor is liable in respect of any such contents, except for those cases expressly provided in the applicable regulations.

Storage and Offer of Collaborator Content

The Company limits itself to solely hosting the Collaborator Content and, therefore, it has no obligation to edit, select, check, or control the Collaborator Content nor does it guarantee, approve or necessarily agree with the Collaborator Content. If you wish to make an enquiry related to the Collaborator Content or if you believe that the Collaborator Content violates any rights or does not meet these Terms, or is inappropriate, you can contact the Company as indicated below.

The Collaborator is the sole and exclusive responsible for the Collaborator Content provided to the Company for storage, publishing and offering to Users through the Website.

Liability

The User will be responsible for any damages to the Company resulting from the User’s use of the Website and the Services in breach of the Terms and accepts to indemnify the Company and its directors, employees, agents and representatives from any liability in which they may incur as a result of the User’s breach of these Terms.

As way of example and without limitation, the Company shall not be liable for any damages that may result from:

Interruptions, viruses, technical problems, interferences, omissions, unavailability, power cuts, failure of the telecommunication networks or the User’s equipment which are not the Company’s responsibility.
Delays or unavailability of the Website and the Services due to deficiencies or traffic overload on the Internet, in the communication network or the electricity grid.
Third-party actions.
Unavailability of the Website and the Services due to maintenance or software updates.
Any other event beyond the Company’s direct control.

In accordance with Section 4 above regarding Sponsored Content, the Company exclusively limits itself to the provision of links to the content provided by the company that owns the Sponsored Content, based on the Users’ preferences, without assuming any responsibility for search results.

In accordance with Section 4 above regarding the Collaborator Contents, the Company acts exclusively as the provider of the storing and intermediation service between the offer of Collaborator Content and the Users interested in downloading them, without any liability in relation to such contents, except for those cases expressly stated by the applicable law.

The Company will make reasonable commercial efforts in order to ensure the accuracy of keywords and descriptions, as well as the identification of content as exclusively for editorial use or equivalent. However, THE COMPANY NEITHER WARRANTS NOR MAKES ANY REPRESENTATION REGARDING ANY KEYWORD, TITLE OR DESCRIPTION; OR THE IDENTIFICATION OR LACK OF IDENTIFICATION OF ANY CONTENT AS EXCLUSIVELY FOR EDITORIAL USE. For this reason and notwithstanding any other liability limitation that may be applicable in accordance with these Terms, the Company shall neither indemnify nor assume any liability in connection with any claim resulting from inaccurate keywords, titles or descriptions, or from the use of the visual content identified as exclusively for editorial use.

Intellectual Property

All intellectual property rights over the Website, the Services, and/or the DesignOye Content, its design, and source code, and all content included in any of them (including without limitation text, images, animations, databases, graphics, logos, trademarks, icons, buttons, pictures, videos, sound recordings, etc.) belong or are licensed to the Company.

Except as expressly authorized under these Terms, the reproduction or distribution, as well as transformation, producing any derivative works of any kind, public communication, making available, extraction, reuse or any other use of the Website, the Services, the DesignOye Content or any of its parts, is strictly forbidden.

The Sponsored Content and Collaborator Content are protected by intellectual property rights, as appropriate, and belong to their owners. Regarding the Sponsored Content, although the Services can locate and provide access to these contents, its download and use is subject to the conditions set by the relevant third party. The Company is not the owner and cannot grant any license or authorization in relation to Sponsored Content. The User must obtain authorizations that are, in each case, required to use any Sponsored Content, which are stated in the relevant website, from which the User will be able to download the Sponsored Content.

If you believe that any content infringes third party rights or does not comply with these Terms, you can report it to the Company as set forth in these Terms.

License Agreement for DesignOye Content

The Company authorizes the User to download and use the DesignOye Content under the terms of this Section (see Section 7 in relation to Sponsored Content). The Company and its licensors reserve all rights over the DesignOye Content not expressly granted in this license to the User.

Subject to the fulfillment of these Terms, the Company authorizes the User in a non-transferable, revocable, limited, non-exclusive manner and on a worldwide basis for the duration of the relevant rights; to download, use and modify the DesignOye Content, in a device the User owns or controls and only for the purposes and uses allowed in these Terms.

The User may use the DesignOye Content (including any derivative work), either using the DesignOye Contents in its entirety or using only some or some of its elements, either using the DesignOye Contents without modification, combining them with other contents or having previously modified them, being the license granted with respect to the DesignOye content, provided that it:

Does not involve collective use;
The DesignOye Content is not used in a manner that suggests an association or endorsement of any kind by the Company or the Website;
The DesignOye Content or any derivative work is not used or included (in whole or in part) in a database, archive or in any other media/stock product, collection, set of clips, or library, for distribution or resale or used in any other way that could prevent or limit future visits or downloads from the Website;
Does not resell, assign, transfer or sublicense the DesignOye Content or any derived work from the DesignOye Content;
Does not use the DesignOye Content in printed or electronic items (e.g. t-shirts, cups, postcards, birthday or greeting cards, invitations, calendars, web models or electronic devices, apps, NFTs, videogames, advertising spots, audiovisual animations) aimed to be resold, in which the content in the DesignOye Content is the main element (because of size, relevance or any other cause, in case of doubt about whether the content is main element, it shall be deemed that the content is main element);
Does not use the DesignOye Content (totally or partially) in any trademark, or part of the same, which may be used by any other means to guarantee or to imply a guaranty of any product and/or service, unless the DesignOye Content used in such cases is modified in such a way as to be a new and different content not confusingly similar with the original DesignOye Content or implies a use of the DesignOye Content as a template or test, and not as a final item or material;
Does not use the DesignOye Content (including any caption information, title, keywords or other metadata associated with the DesignOye Content) for any machine learning and/or artificial intelligence purposes, or for any technologies designed or intended for the identification of natural persons.
Does not make any use of the DesignOye Content which might be considered defamatory, libelous, obscene, immoral or illegal, including, without limitation, using it in a way that places any person appearing in the DesignOye Content in a negative light or depicts them in a way that they may find offensive such as the use in pornography, advertisements for escort or similar services, political endorsements, birth control products, and;
Does not make any use of the DesignOye Content to slander, libel or to vilify a person, race, sex, culture, sexual orientation, religion, country, region, town, village or any other place, or any other human group.

When any DesignOye Content is marked or identified as for editorial use, or when within the same there are logos, recognizable products, public buildings, public events or images taken in places where recognizable persons appear in the background, the User shall only be entitled to use it for such editorial use. In such cases, the User undertakes not to use that content in any manner that entails any connection with any business activity, the use in economic traffic or advertising, marketing or commercialization of any product or service. The User shall be directly liable and the Company shall not assume any liability as a result of the use for commercial purposes by the User of any content belonging to the DesignOye Content, which according to this paragraph should be for editorial use only.

The authorization to use the DesignOye Content shall be free provided that any use of the content in the DesignOye Content by the User is credited to the Company/Website as stated by the Company from time to time. In order to benefit from the Service or to use the DesignOye Content without acknowledging the Company/Website, the User must purchase a premium subscription (hereinafter, the “Premium Subscription“) in the Website and download the DesignOye Content during the term of any such Premium Subscription. Conditions in Section 10 shall apply to the purchase of the Premium Subscription.

As a general rule, it is forbidden for a User to authorize any third parties to use the DesignOye Content (or any modification of any content in the DesignOye Content). As an exception to the prohibition, the User may allow third parties to use the DesignOye Content, when each and every of the following conditions are met:

The third party has professionally instructed the User to produce goods or provide services to it/him/her and the User uses a limited number of items within the DesignOye Content to produce such goods or provide such services to the instructing third party;
The authorization granted by the User to the third party is in writing and complies with every restriction of the User’s authorization to use the relevant DesignOye Content and includes, without limitation, a restriction for the third party to distribute, resell or license the relevant content in the DesignOye Content (i.e. the third party is the final user of the relevant content in the DesignOye Content);
None of the contents in the DesignOye Content which are subject to the authorization are used as the main element (because of size, relevance or any other cause; in case of doubt about whether the content is the main element, it shall be deemed as the main element) in printed or electronic items (e.g. t-shirts, cups, postcards, birthday or greeting cards, invitations, calendars, web models or electronic devices, apps, NFTs, videogames, advertising spots, audiovisual animations) aimed to be resold by the third party;
The production of goods or provision of services by the User to the third party is not done by automatic means, it is tailor-made for the third party (and therefore its use is not authorized by the User to any other third party) and requires a specific substantial human intervention from the User in relation to each third party; and
The User -and not the third party- chooses the specific items within the content of the DesignOye Content to be used in the production of goods or provision of services for the third party.

When all of the above conditions are met, the User shall be entitled to authorize a third party to use the relevant content in the DesignOye Content. This exception refers only to the prohibition for the User to authorize third parties to use the content in the DesignOye Content without affecting or limiting in any way the remaining conditions of the User’s right to use the DesignOye Content. Whether the above conditions regarding the exception to the prohibition for Users to authorize third parties to use the content in the DesignOye Content are met shall be interpreted restrictively so that, in case of doubt, it shall be deemed that the conditions are not met.

The User does not acquire any right as a result of the use of the content in the DesignOye Content. In particular, the User is not authorized to distribute, resell or rent any content in the DesignOye Content (or any modification of any content in the DesignOye Content).

The User’s rights under this Section will end automatically without any notice if the User breaches any of the Terms. In case of termination of the rights hereunder, the User shall cease using content in the DesignOye Content and will destroy every copy, whether total or partial, thereof.

Fonts License Agreement

The Company authorizes the User to download and use the licensed typographic fonts available on the Website (“Licensed Fonts“) only in accordance with this condition. All rights in the Licensed Fonts not expressly granted to the User under this condition are reserved by the Company or its licensors.

The Company authorizes the User on a non-transferable, limited, revocable, non-exclusive, worldwide basis and for the duration of the term of the rights, to download and use the Licensed Fonts on a device owned or controlled by the User and only for the purposes and uses authorized by these Terms.

The User may use the Licensed Fonts to design and develop documents, and may embed copies of the Licensed Fonts in any document, for the purpose of printing and viewing the document. The Licensed Font must be a subset that includes only the glyphs necessary to display the work, and the document must obfuscate or protect its embedded font data from discovery, deliberate or inadvertent, and from misuse. No other embedding rights are implied or permitted by this license.

Likewise, the User may make use of the Licensed Fonts to design and develop websites and other web projects.

Portions of the Licensed Fonts may use or contain open source software programs and software components. Their use is further governed by the terms of any open source license specified in the copyright files or license notices accompanying the Licensed Font.

Licensed Fonts may be provided to the User with certain copyright notices. The User must retain exactly as provided (and not remove or alter) such notices, following any instructions provided by the Company in each case.

The Users are expressly prohibited from:

use the Licensed Fonts in printed or electronic items intended for resale, from pictograms or single letters in any format (e.g., stencils, stickers or jewelry);
include, embed, integrate, embed or otherwise distribute any Licensed Fonts in any document or web site or project in a manner that would allow external output of the Licensed Fonts or that would prevent or limit future visits to or downloads from the Website, or distribute or sublicense any portion of the Licensed Fonts independently or in any manner that would allow any third-party to access and/or use the Licensed Fonts to create new content;
add any functionality to, or otherwise change, alter, adapt, modify or produce (or cause others to produce), derivative works of any part of the Licensed Fonts;
disassemble, decompile, reverse engineer or otherwise attempt to discover the source code of the Licensed Fonts, or disable, override or otherwise circumvent any software protection mechanism.

Conditions for the Premium Subscription

The terms in this Section (“Premium Subscription Terms“) govern any purchase of the Premium Subscription in the Website. When concluding the purchase procedure for any Premium Subscription, it shall be deemed that the User has read and accepted, without exception, the Premium Subscription Terms. For the avoidance of doubt, the Premium Subscription Terms are additional to the Terms which will continue to apply to Users who have acquired a Premium Subscription unless it is expressly provided otherwise in relation to specific provisions in the Premium Subscription Terms.

These Premium Subscription Terms are available to the User before the purchase of the Premium Subscription and may be stored or reproduced on a durable medium.

The Premium Subscription Terms are available in English and Spanish. In case the User is interested in purchasing any Premium Subscription, it has to follow the instructions available in the Website from time to time.

The Subscriptions available are offered in the Website where the pertinent information, price and conditions are included (including, without limitation, restrictions to the number of downloads each day). The Company can modify the Subscriptions offered at any time, offering with new Services (to which, unless otherwise stated, these Subscription Terms shall apply) or ceasing to offer any of the Services. The Subscriptions are personal, shall not be assigned to third parties and no third parties other than the User shall be allowed to use the DesignOye Content (including as third parties, for these purposes, affiliates or entities part of the same group of companies).

The price for the Subscription is stated in the relevant currency in the Website and includes, if applicable, the relevant Value Added Tax. The Company is entitled to modify the price for any Subscription at any time. The Company shall apply the price stated in the Website at the time of the submission of the Subscription order by the User.

The User shall pay the Premium Subscription in advance through Paypal, credit/debit card or any other valid payment method offered by the Company, as stated in the Website. To purchase and pay the Premium Subscription, the User shall follow the instructions stated in the Website. The processing of the payment information and data through Paypal or credit/debit card is made within third-party sites. When ordering any Premium Subscription, the User authorizes the Company to collect the corresponding price through the chosen payment method. The Premium Subscription shall not be activated until the Company has received the payment or the payment has been authorized by the relevant financing entity. After that, the Premium Subscription shall be in force for the term purchased by the User.

Unless otherwise stated in these Premium Subscription Terms, the Premium Subscriptions shall be automatically and successively renewed at the expiration of its term, unless the User cancels the renewal of the Premium Subscription before its expiration. The Company shall charge the corresponding price by the same initial payment method. The Company may modify the price for the renewal of the Premium Subscription, provided that the User is informed with, at least, one-month prior notice, via email sent to the email address used for the registration process.

After the purchase of the Premium Subscription, the User may benefit from the following:

Benefits from DesignOye Premium Subscription, which are the following:

The Service consisting in using the content in the DesignOye Content without crediting the Company/Website.
Access all contents available in the Website.
Use the Website without advertisement displaying.
Not to be subject to the restrictions as to number of content downloads applicable to the DesignOye Content from time to time, without prejudice to the application of certain restrictions to the number of downloads aimed at preventing a fraudulent or abusive use of the Website.

As the content in the Website is digital content, no cancellation right shall apply, which is expressly acknowledge and accepted by the Users, without prejudice to the guarantees stated in the consumers’ regulations that may be applicable, unless the Company states otherwise, in which case, will be subject to the conditions set forth by the Company.

Changes and Closure of the Website

General and Contact Information

The use of the Website and the Services and the interpretation and application of these Terms shall be governed by Delaware Law. Except for those cases in which the applicable law impose a specific jurisdiction, any dispute in connection with these Terms shall be resolved by the Courts of Delaware, and the parties expressly waive any other applicable jurisdiction.

If any provision in these Terms is declared to be invalid or unenforceable, it shall be substituted or deemed as not included. The remaining provisions in these Terms shall not be affected in any way.

You may contact the Company for any query here

DesignOye Champs Terms of Use

This website is operated by BHATIA LABS INC, as C-Corp, registered in the Delaware, USA (“Company“).

These terms of use (“Terms“) govern the access, browsing and use by the users (“User” or “Users“, as applicable) of https://marketplace.designoye.com/, including any of its subdomains and/or sections (“Website“); as well as the services rendered through the Website (“Service” or “Services“, as applicable) which include the download and use of certain content.

Likewise, in respect of collection and processing of personal data, the Privacy Policy will apply.

1. About licenses and third party content

Here we’ve included the conditions for using our site, which we do our best to keep running smoothly (1.1). That means we have the right to stop people from using our site and services if needed (1.2).

You can’t use our intellectual property (1.3), but you can post your own content to DesignOye. You’re responsible for this content (1.4), and equally, we’re not responsible for content you come across from other users (1.5). If you think someone is using something you’ve copyrighted, just let us know (1.6).

1.1 We let you use our site and services

Technically, we’re giving you a ‘limited license’ to the site. Here’s what that means.

We’re happy for you to access our website and services (known as the services). You’re free to have this access (or limited license) as long as you follow these terms of use and all of our other Terms of Service as they apply to you.

We’ll do our best to make sure our services are safe and working as they should, but we can’t guarantee you’ll have access continuously. In fact, we might even stop providing certain features or the services completely, and don’t have to give notice if we do.

1.2 We can stop letting you use our services

We can take away your right to use our services at any time.

If you violate our Terms of Use or other parts of our Terms of Service, we can take away your access to DesignOye. Officially, this is called terminating your license, and if it happens, we’ll tell you and you must stop using our services immediately.

1.3 We keep the rights to our intellectual property

Using our services doesn’t mean you can use any of our trademarks or other intellectual property, like copyrights and patents. We keep all of our rights to our intellectual property, even though we let you use our services.

Our logos and names are our trademarks and registered in certain jurisdictions. Any other product or company names, logos or similar marks and symbols you see on DesignOye may be trademarked by our partners or other users like you.

1.4 You can use DesignOye to share your content with the world

1.4.1 You’re responsible for what you post

You’re responsible for how you use our site and anything you post on it. If someone makes a claim against us because of anything you put on the site, you agree to compensate us for our legal fees and expenses (the lawyers call this, ‘indemnification’).

When you post content on (or through) our site or give us content for posting, you agree that you’re completely responsible for that content and we’re not. You also agree to only post or give us content that:

you have the right to post
is legal
doesn’t violate anyone’s rights, including intellectual property rights.

You acknowledge and agree that whoever posts content is responsible for any harm caused to anyone by that content – not DesignOye – and that you’ll compensate and defend us, our partners, employees and representatives against any costs or legal or government action we have because of your content.

1.4.2 Other people have some rights to what you post

By posting content on the site, you give other people some rights to that content.

Whenever you post content on our site, you give us and our affiliates a permanent right (called an ‘irrevocable and non-exclusive worldwide license’) to use, edit and share that content – across the world and without paying royalties. If your name, voice and image appear in content you post, we also might use those on the site or in our day-to-day business. For example, if you’re a freelancer, we might share your profile with clients we think could be a good match.

You also give each user and site visitor the right to access and use your content through the site. They also have the right to use, copy and share your content – as long as they do it through the site, and follow both our Terms of Service and the law.

We might show ads near your content and information, without compensating you. Depending on choices you make in your profile, we might also include your name or photo when promoting one of our features.

1.4.3 We’re open to your ideas

We’d love to hear your thoughts on improving DesignOye. Here’s what happens when you share them.

You can send us comments and suggestions about our services and ways to improve them. If you do, you’re agreeing your ideas are free and unsolicited, and you don’t expect or ask anything in return, unless we’ve specifically asked you for your ideas and offered something in return (we like to keep our word).

You agree we’re free to use, change and share the idea as we like, without being obligated to to give you anything for it. And if you do send us an idea, you also agree that this doesn’t affect our right to use similar or related ideas – including those we already have or get from others.

1.5 Third parties post on DesignOye, too

Anyone else who uses our site is responsible for what they post or link on DesignOye.

We’re not responsible for the accuracy or reliability of any content shared by other people on our site, unless they’re officially working for us when they share or post the content. Any content represents the views of the person sharing it, not DesignOye.

Our site might also contain links or other access to third-party websites and applications. These sites and applications are owned and run by other parties, not DesignOye. If we use a link or application that goes to a third-party website, it doesn’t mean that we endorse it and you agree that you use it without our endorsement.

1.6 You can make a copyright complaint

If you think content on our site infringes your rights, you can ask to have it removed.

We’re committed to following U.S. copyright and related laws and need site visitors and users to follow them as well. That means you can’t use our site to store or share anything that infringes anyone’s intellectual property rights, including their rights under U.S. copyright law.

If you own copyrighted work and think your rights under U.S. copyright law have been infringed by anything on our site, the Digital Millennium Copyright Act means you can ask us to take it down.

2. What you’re allowed to do on DesignOye

You can only use our services for work and to learn from the information we share.

Our site and services were made to be used for business, not for personal or consumer use. We run our marketplace to help users find each other, build working relationships, and make and receive payments for that work.

You can also use some of our services to get information we think might be interesting and useful for our site visitors and users – like our DesignOye blog. While we do our best to make sure that this information is timely and accurate, there might sometimes be mistakes. We don’t make any guarantees about information posted on our site, so never use it as tax or legal advice. And you should always double-check the information for yourself.

3. What you’re not allowed to do on DesignOye

Certain uses of the site are not allowed. Here we go into much more depth about those things, including:

posting unacceptable content (3.1)
acting in a misleading or fraudulent way (3.2)
treating others unfairly (3.3)
abusing our feedback system (3.4)
other uses that aren’t allowed (3.5)

In short, you’re not allowed to use our services to do (or encourage others to do) anything that is illegal, fraudulent or harmful. If you don’t see something on one of the lists below, you shouldn’t assume it’s allowed. When in doubt, contact us to check.

3.1 Posting unacceptable content

You can’t offer, share, support or try to find anything that:

is illegal or defamatory
is violent, discriminatory or harassing, either generally or towards a specific person or group (or encourages others to be), including anyone who is part of a legally protected group
is sexually explicit or related to sex work or escort services
is in any way related to child exploitation
would infringe on any intellectual property rights, including copyrights
would violate our Terms of Service, another website’s terms of service, or any similar contract
would go against professional or academic standards or policies – including improperly submitting someone else’s work as your own, or by ghost-writing essays, tests, or certifications
involves purchasing or requesting a fake review or is connected in any way to making or sharing misleading content (like ‘deep fakes’ or ‘fake news’) which is intended to deceive others.

3.2 Acting in a misleading or fraudulent way

On DesignOye, you can’t do anything that’s dishonest or meant to fool others.

You can’t misrepresent yourself, your experience, skills or professional qualifications, or that of others. This includes:

lying about your experience, skills or professional qualifications
passing off any part of someone else’s profile or identity as your own
using a profile picture that isn’t you, misrepresents your identity or is someone else
impersonating or falsely attributing statements to any person or entity, including an DesignOye representative or forum leader
falsely claiming or implying you’re connected to a person or organization (including DesignOye) – for example, you can’t say you work for a particular company when you don’t, and agencies can’t use a freelancer’s profile if they’ve stopped working together.

Similarly, you must always be honest about who’s doing the work. That means you can’t:

allow someone else to use your account, which misleads other users or
falsely claim one freelancer will do a job when another will actually do it – including submitting a proposal on behalf of a freelancer who can’t or won’t do the work.

We’re particularly invested in avoiding fraud and misrepresentations when it comes to payments. This means:

Freelancers can’t fraudulently charge a client in any way, including by:

falsifying the hours, keystrokes or clicks recorded in the DesignOye app
reporting or billing time you haven’t actually worked
reporting time worked by someone else and claiming you did the work
demanding bribes or other payments without the intention of or without actually providing services in exchange for the payment.

Clients can’t engage in fraud related to payments, including by:

posting jobs with payment terms that are objectively unreasonable or disproportionate to the scope of services requested
demanding services without the intention of or without actually providing payment in exchange for the services.

3.3 Treating others unfairly

Everyone should be treated fairly and legally on DesignOye.

You can’t use DesignOye to:

express an unlawful preference in a job post or proposal
unlawfully discriminate against someone
incite or encourage violence
post personal identifying information or other sensitive, private data about another person
spam other users with proposals or invites. This includes posting the same job several times at once and contacting people you connected with on DesignOye outside of DesignOye without their permission
make or demand bribes or payments for anything other than the work
ask for or demand free work – you can’t ask freelancers to submit work for little or no payment as part of a proposal bid or competition
request a fee in order to submit a proposal
request or provide services that primarily concern making purchases on behalf of another, including the purchase of cryptocurrency or NFTs.

3.4 Abusing our feedback system

You must use our feedback system honestly and fairly.

That means you can’t:

withhold payment or work until you’ve been given positive feedback
swap payment (or anything of value) for feedback, including with third parties
coerce another user by threatening negative feedback
use the system to share unrelated views (like about politics or religion)
offer or accept fake services to improve your feedback or rating score, which is called feedback building

3.5 Other uses that aren’t allowed

DesignOye relies on technology and trust – here’s how we maintain those things.

You can’t copy, share or give away your account. You can’t have multiple accounts and you can’t sell, trade or give your account to anyone else without our permission.
You can’t go around us. In particular, you can’t talk to another user or ask for or share a way to get in touch – a means of direct contact – outside of DesignOye before you’ve agreed to a service contract. This means you can’t add your contact details to a job post, your profile, communications or other content. (There are exceptions to this for Enterprise clients.)
You can’t promote other organizations – including advertising any other websites, products or services. You also can’t use our site to recruit freelancers or clients to join another agency, website or company, unless you pay us a fee to do so. For more information, take a look at Section 7 of our User Agreement.
You can’t interfere with our technology or tamper with our site or services. That means you can’t:

bypass any security features we’ve put in place to restrict how you use the site – you’re not allowed to try and get around restrictions on copying content
interfere with or compromise our systems, server security, or transmissions
use a robot, spider, scraper, or similar mechanisms on our site without written permission
copy, distribute, or otherwise use any information you found on DesignOye, if whether directly or through third parties (like search engines), without our consent (no scraping allowed)
collect or use identifiable information, including account names)
overwhelm the site with an unreasonable or large amount of information
introduce any malware or any other code or viruses that could harm us, our customers, or our services
access our services through any technology other than our interface
frame or link to the services without our written permission
use our services to build a similar service, identify or poach our users or publish any performance or benchmark analysis relating to the site
reverse engineer, decipher, modify, or take source code from our site that is not open source without our written permission.

4. Enforcing our terms of use

If you break any of these rules, we can suspend your account and stop you from using DesignOye (3.1). If you see someone else breaking these rules, please let us know (3.2).

4.1 We enforce these rules

We have the right to look into any potential violations of these terms of use, and might decide to pause, change or take away any content on our site when we do.

We can’t guarantee that we’ll take action against every potential violation, but just because we don’t take action against one breach doesn’t waive our right to take action against any future breaches, whether they’re related to the first breach or not.

If we do suspect rule-breaking, we can stop you using our site at any time. If we disable or close your account, you won’t be able to use any of our services, but these things will stay in place:

our rights to use and share your feedback
our users’ and visitors’ rights to share your content (1.4.2)
your agreement to all the rules laid out in section 3 on this page.

4.2 Tell us if you see someone breaking these rules

What to do if you become aware of a violation of our Terms of Use.

If you believe anyone is breaking any of our terms of use, please let our customer service team know or report it wherever you see this flag: [flag icon]

If we follow up on the breach, you agree to help with our investigation and take reasonable steps to help us fix the problem.

5. Definitions

Here, we explain some of the terms we’ve used in our Terms of Use.

An affiliate is anyone or anything that in any way manages, is managed by, or shares management with us.

A client is someone using our site to find freelancer services from another user.

A deep fake is a video or image that has been changed to replace one person with another in a deliberately misleading way, without asking the person whose face has been used.

A freelancer is an individual or agency using our site to offer their services to clients.

Freelancer services refer to the work freelancers do on DesignOye.

A means of direct contact is information that would let someone get in touch with you directly (or find the information to do that) so you can bypass our site. For example, phone numbers, email and physical addresses, social media accounts, and personal websites with contact information are means of direct contact.

Site services are all services, applications and products – apart from freelancer services – that people can access through DesignOye.

Content is what users post to DesignOye themselves, like comments, profiles, feedback, images, or other information. It includes anything posted as a response to questions asked by other users or DesignOye.

General and Contact Information

You may contact the Company for any query here